the chief executive officer tanroads vs ms msue general engineering co ltd 2012 tzhc 78 4 december 2012

the chief executive officer tanroads vs ms msue general engineering co ltd 2012 tzhc 78 4 december 2012

The application for revision is incompetent as the law forbids revision or appeal against interlocutory or preliminary decisions unless they finally determine the suit, and no error on the face of the record was established. The issues raised can be addressed on appeal after the suit is determined on merits.

Citation
the chief executive officer tanroads vs ms msue general engineering co ltd 2012 tzhc 78 4 december 2012
Parties
Applicant: THE CHIEF EXECUTIVE OFFICER TANROADS; Respondent: M/S MSUE GENERAL ENGINEERING CO. LTD
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
4 December 2012
Procedural Posture
Civil Revision / Ruling on Preliminary Objection and Application for Revision
Outcome
Application dismissed with costs
Legal Topics
Jurisdiction, Legal Capacity to Sue and Be Sued, Government Proceedings, Preliminary Objection, Interlocutory Orders
Source Language
English
Civil Procedure Government Liability Jurisdiction Legal Capacity to Sue and Be Sued Government Proceedings Preliminary Objection Interlocutory Orders

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 13 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

THE CHIEF EXECUTIVE OFFICER TANROADS

Applicant

M/S MSUE GENERAL ENGINEERING CO. LTD

Respondent

Procedural Posture

Civil Revision / Ruling on Preliminary Objection and Application for Revision

Legal Issues

  1. 1 Whether the District Court had jurisdiction to entertain the suit against TANROADS
  2. 2 Whether TANROADS has legal capacity to be sued in its own name on non-contractual matters
  3. 3 Whether the application for revision is competent in respect of an interlocutory order

Ratio Decidendi

The application for revision is incompetent as the law forbids revision or appeal against interlocutory or preliminary decisions unless they finally determine the suit, and no error on the face of the record was established. The issues raised can be addressed on appeal after the suit is determined on merits.

Court Disposition

Application dismissed with costs

Orders

  • Application dismissed with costs
  • Record remitted to the trial court for continuation of the suit on merits